Assembly Passes Three-Way Legislation
On Brownfield Reform

Agreement Will Provide Economic Revitalization and Fiscal Responsibility
While Protecting Public Health and the Environment

Assembly Speaker Sheldon Silver and Environmental Conservation Committee Chair Robert Sweeney announced that the Assembly passed legislation earlier this week, as part of an agreement with the Governor and the Senate, to reform the state's Brownfield Cleanup Program (BCP) to better target incentives for the cleanup and redevelopment of contaminated sites.

The bill (A.11768), sponsored by Sweeney, will modify the BCP to encourage better cleanups, limit the amount of the tangible property tax credit available for participation and transfer the Brownfield Opportunity Area Program from the Department of Environmental Conservation to the Department of State.

"This measure is an important step in achieving economic revitalization in communities throughout New York. By encouraging a higher standard for cleanups, these reforms will better protect the environment and benefit all New Yorkers today as well as our children and future generations," said Silver. "In addition, the transfer of the Brownfield opportunity area program to the Department of State will help streamline the administration of the program and ensure that communities have a role in planning their revitalization."

"This significant legislation will lead to the cleanup of thousands of contaminated properties across New York. It will encourage new investment and redevelopment that will invigorate local economies," said Sweeney. "The program changes will help Brownfields be an attractive development alternative to an undisturbed green field and help protect our environment."

This legislative measure will:

• Increase tax incentives for site cleanup, up to 50 percent of cleanup costs, in some cases that will be more than double the current tax incentives;
• Limit redevelopment credits for non-manufacturing projects to $35 million or 3 times the cost of site cleanup, whichever is less;
• Limit redevelopment credits for manufacturing projects to $45 million or six times the cost of site remediation, whichever is less;
• Provide a two percent increase in t he redevelopment credit for sites developed in conformance with a Brownfield Opportunity Area plan; and
• Streamline administration of the Brownfield Opportunity Area Program.